Employment, Wage & Hour, Public Works, Prevailing Wage, Indemnity Rights Of Misled Subcontractor, 1, 1
Under Lab. Code 1781, a contractor is entitled to indemnity from a public agency that awards a contract but does not inform the contractor that the work will be a public works project to which the prevailing wage law applies. This decision holds that a court-confirmed arbitration award fulfills the statute’s requirement of a court decision determining that the project was a public works project. The decision holds, however, that section 1784, which imposes similar indemnity liability on a prime contractor for misinforming its subs about public works coverage does not apply retroactively to contracts signed before its 2015 effective date.